Dadhania, Pooja, Deporting Undesirable Women (October 2, 2018). 9 UC Irvine L. Rev. 53 (2018); California Western School of Law Research Paper No. 18-15. Available at SSRN: https://ssrn.com/abstract=3259599
Immigration law has long labeled certain categories of immigrants “undesirable.” One of the longest-standing of these categories is women who sell sex. Current immigration laws subject sellers of sex to an inconsistent array of harsh immigration penalties, including bars to entry to the United States as well as mandatory detention and removal. A historical review of prostitution-related immigration laws reveals troubling origins. Grounded in turn-of-the-twentieth-century morality, these laws singled out female sellers of sex as immoral and as threats to American marriages and families. Indeed, the first such law specifically targeted Asian women as threats to the moral fabric of the United States due to their perceived sexual deviance. Subsequent laws built upon these problematic foundations, largely without reexamining the initial goal of safeguarding American morality from the ostensible sexual threat of noncitizen women. This dark history casts a long shadow, and current laws remain rooted in these archaic notions of morality by continuing to focus penalties on sellers of sex (who tend to be women), without reciprocal penalties for buyers (who tend to be men). Contemporary societal views on sellers of sex have changed, however, as society has come to increasingly tolerate and accept sexual conduct outside the bounds of marriage. Although societal views surrounding prostitution remain complex, there is an increased understanding of the different motivations of sellers of sex, as well as a recognition that individuals forced into prostitution are victims who need protection. Prostitution-related immigration laws should be reformed to no longer penalize sellers of sex, both to bring immigration law in line with modern attitudes towards sellers of sex and to mitigate the discriminatory effect of the archaic and gendered moral underpinnings that initially gave rise to and continue to show in these laws.
This article examines efforts to order Times Square during the first five decades of its existence as a high profile commercial centre. Between 1892 and 1954, New York City powerholders launched a number of clean up campaigns that sought to minimize the working class attributes of the district and to transform it into a mainstream consumption space. These campaigns targeted commercial sex, gay nightclubs, burlesque theatres, street vendors, ‘disorderly’ people, and honky tonks. The strategies used to order Times Square included exclusionary zoning, moral campaigns and restrictive licensing, as well as the enforcement of curfews, building codes, anti-loitering legislation, and indecency statutes. Despite these efforts, the working class character of Times Square persisted, even though the operation of many working class establishments was disrupted and the freedom of ordinary people to frequent the district was compromised.
The practice of race defilement in Hungary began following the passage of the 1941 Marriage Law, a comprehensive law on marriage that introduced mandatory premarital health checks, marriage loans and the prohibition of marriage between Jews and non-Jews. In contrast with Nazi Germany, in Hungary non-Jewish men were exempted from the provisions of the law, so only Jewish men could be convicted and only if they had a liaison with “honorable” women. The vague non-legal term “honorable” provided the authorities with the opportunity to limit sexual and other contact between “Jews” and “non-Jews” and also to exert control over female bodies through policing and surveillance, as female “honor” was in most cases crucial in order to determine the course of the proceedings. This paper uses the theoretical framework of the history of emotions to reconstruct the types of “honor” that come to light from an analysis of the papers of these court cases and their importance for sexual politics in Horthy-era Hungary.
Siobhán Hearne (2017) Sex on the Front: Prostitution and Venereal
Disease in Russia’s First World War, Revolutionary Russia, 30:1, 102-122, DOI:
Prostitution flourished during Russia’s First World War. Mass mobilisation and the displacement of millions of the empire’s population challenged the tsarist state’s ability to control both the movement and bodies of those buying and selling sex. In light of this, military and medical authorities shifted their attention more directly onto regulating men’s bodies. Wartime social turmoil also increased the visibility of prostitution, which saw many enlisted men lament the apparent ‘moral decline’ that they witnessed on the front. This article examines how the tsarist authorities grappled to control the bodies of its populace on Russia’s western front, and how the conflict had an impact upon ideas of morality and sexuality.